Jayco Corporation Pty Ltd - s.87B undertaking

Company or individual details

  • Jayco Corporation Pty Ltd
    005 266 991

Undertaking

Jayco Corporation Pty Ltd (Jayco) is a manufacturer of caravans. Between July and September 2007 Jayco supplied certain vehicle jacks with its caravans (the jacks) that were not marked with their nominated capacity and which included the statement; 'Complies with AS/NZS 2693:2007'.  Jayco sourced the jacks from an Australian manufacturer.

Either of AS/NZS 2693:1993 - Vehicle Jacks or AS/NZS 2693:2003 - Vehicle Jacks are the prescribed consumer product safety standard for vehicle jacks (mandatory standard) under the Trade Practices Act 1974 (TPA).

In 2007 a voluntary standard AS/NZS 2693:2007 - Vehicle Jacks (2007 standard) was published by Standards Australia.

The 2007 standard specifies different marking requirements for vehicle jacks depending upon their classification as either a 'specific vehicle' or 'caravan/trailer' jack.

Jayco believed the 2007 standard was the mandatory standard for the purposes of the TPA.

On Jayco's interpretation of the 2007 standard the jacks were specific vehicle jacks and Jayco caused the jacks to be labelled with the applicable information marking requirements.

The Australian Competition and Consumer Commission (ACCC) is of the view the jacks are caravan/trailer jacks.

The TPA prohibits a corporation from supplying certain goods if there is a prescribed consumer product safety standard for the goods and the goods do not comply with that standard [section 65C(1)(a)].

The TPA also prohibits a corporation from engaging in conduct that is misleading or deceptive or is likely to mislead or deceive [section 52] and in connexion with the supply of goods falsely representing the goods are of a particular standard [section 53(a)].

The ACCC was concerned Jayco may have contravened the TPA by supplying the jacks which were not marked with their nominated capacity as required by the mandatory standard and may have made a false or misleading representation in relation to the jacks compliance with the 2007 standard.

Upon becoming fully aware of the ACCC's concerns Jayco ceased supply of the jacks and undertook a voluntary national product safety recall.

In resolution of the matter the ACCC has accepted an undertaking given by Jayco that includes an upgraded trade practices compliance program.

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